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(영문) 수원지방법원 성남지원 2018.09.14 2017고단3560
건설산업기본법위반
Text

[Defendant A, B, C, D, and E] Defendant A, B, C, D, and E shall be punished by a fine of five million won.

Each of the above defendants shall be punished.

Reasons

Punishment of the crime

1. No person who intends to borrow a construction business registration certificate or construction business registration pocket book of another constructor, or perform construction works by using his/her name or trade name;

Nevertheless, on March 24, 2015, the Defendant issued 3 million won to the person in non-name, and filed a report on commencement of construction by lending the construction business registration certificate in the name of H, construction business registration pocketbook, etc. in the name of H, and filed a report on commencement of construction. The Defendant constructed a multi-household house with four-storys on the ground of the site area of 80 square meters, total floor area of 654.6 square meters, and the building area of 154.8 square meters

2. No person who defendant B shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, or perform construction works by using his/her name or trade name;

On March 22, 2017, the Defendant issued a three million won to C, and filed a construction business registration certificate under the name of H, construction business registration pocketbook, etc., and filed a report on commencement of construction, and constructed a warehouse facility on the second floor above the ground of the building area of 1,29 square meters, total floor area of 1,264 square meters, and the building area of 632 square meters.

3. No one shall allow any third person to contract or perform construction works by using the name or trade name of a constructor, or arrange for lending a construction business registration certificate or construction business registration pocket book to any third person;

Nevertheless, the Defendant received KRW 3 million from B at the date and place specified in paragraph 2, and arranged for the Defendant to lend the construction business registration certificate in its name, construction business registration pocket book, etc. to B.

4. No person who is accused D shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, or execute construction works by using his/her name or trade name;

Nevertheless, on April 4, 2017, the Defendant issued KRW 3 million to the GJ and one parcel outside of Gwangju-si, Gwangju-si, and lent a construction business registration certificate, construction business registration pocketbook, etc. to the H, and filed a report of commencement of construction, and filed a report on commencement of construction work.

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